WHAT IS MEDIATION?
Mediation is a structured, interactive process where an impartial third party assists disputing parties in resolving conflict. Mediators use specialized communication and negotiation techniques. Mediation is a “party-centered” process, focused primarily upon the needs, rights, and interests of the parties. https://en.wikipedia.org/wiki/Mediation#:~:text=Mediation%20is%20a%20structured%2C%20interactive,actively%20participate%20in%20the%20process.
THERE ARE DIFFERENT STYLES OF MEDIATION AND MEDIATORS
Generally, mediations will fall into one of three basic styles: 1) Facilitative, 2) Transformative or, 3) Evaluative. In short, the three mediation techniques are as follows:
Facilitative: This is the style of mediation that is most familiar. Facilitative mediators use techniques from both evaluative and transformative appoaches. Using a facilitative style, a mediator asks questions, normalizes perspectives, and validates both parties’ points of view.
Transformative: A mediator with a transformative approach will allow for more time and space for all sides to really hear and understand one another. Transformative mediators will allow more time for the sharing of emotions through the process, and to help support emotional healing along with the solution. Not all cases are appropriate for this style or a transformative result.
Evaluative: A mediator who uses an evaluative approach is likely to employ a more no-nonsense style. Evaluative mediators work quickly and efficiently to get to the point, and reach a solution. They are more likely to weigh in on options and make recommendations based on their experience.
Each case and each mediation is unique. Some parties may respond better to a different style of mediation and/or of mediator. In reality, most mediations have a greater rate of success if a combination of these styles is used. This is why it is important to choose a mediator who is flexible and can recognize what type of process will be the most successful.
YOU SHOULD CHOOSE A MEDIATOR WHO WILL EFFECTIVELY COMMUNICATE WITH ALL PARTIES INVOLVED IN YOUR CASE
A mediator should take the time to listen to the parties and to be able to identify the client’s expressed and hidden issues. A successful mediation can only be achieved through exceptional listening skills, compassion, and an unbiased perspective.
Many attorneys fall into a rut of using the same mediator year after year. while remaining open to the ideas of others and to any unique considerations. As a result, some parties to the process will not feel the process was “fair” to them, or that their feelings were heard. This can leave a client frustrated and defensive. Choosing a mediator merely because an attorney has used “the same mediator for years,” can be damaging to the attorney – client relationship. It’s time to think outside the box.
In order to provide the best possible outcome at mediation you should choose a mediator who is neither plaintiff nor defendant oriented, but one who is an actual neutral party to the process. Ms Linder is well-suited to the mediation process. She has developed her listening skills through her mediation training and experience, and listening to her own civil clients. In her private practice, Ms. Linder has represented both plaintiffs and defendants equally, allowing her to see both sides from a more neutral point of view.
EXPERIENCE AND OUTCOMES ARE IMPORTANT
In her thirteen years of mediation experience, Ms. Linder has achieved favorable outcomes and settlement in cases of relatively small value, as well as multi-million-dollar cases. She has assisted parties in litigation resolve their disputes with outstanding dedication, sensitivity and commitment.
Brenda A. Linder received training in the theory and practice of conflict resolution and mediation. She is certified by the Better Business Bureau of Central California as a trained mediator.
Ms. Linder has successfully assisted parties in resolving disputes involving employment law, personal injury and accidents, wrongful termination, business dissolution, complex construction defect cases, fraud, breach of contract, professional malpractice, breach of fiduciary duty and a wide variety of civil litigation issues.
As a mediator, Ms. Linder’s philosophy is simple: well-informed parties feel most content after resolution if they have felt heard. Content parties are most often going to leave with a positive feeling of the process, and those involved.
To this end, Ms. Linder enters each mediation or settlement conference fully prepared, having read all parties’ briefs. Each case is different and each party to litigation deserves a mediator who takes the time to understand their unique concerns. Mediation techniques should be flexible in order to allow the individual parties to achieve their goals. An effective mediator must remain flexible to the needs of all concerned.
Experience has taught Ms. Linder that most cases require a mediator who is well prepared and who can listen and communicate with all parties at the table. An effective mediator must remain flexible and be able to “read the room.” An effective mediator recognizes when each style of mediation may produce the most effective process for the parties involved.
We offer realistic and flexible pricing and the mediator only charges for the actual time spent in mediation services; no minimum or hidden fees.
Although it’s natural to want your “day in court” when you feel you’ve been wronged, that day can be a long time coming in our overcrowded and underfunded court system. Alternative dispute resolution techniques, including the Fresno mediation services offered by Ms. Linder, can help you settle your case fairly and efficiently. Contact Fresno attorney Brenda A. Linder today to learn more about the many benefits of mediation or to schedule your mediation.